Patna High Court

Amit Kumar YadavversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The court ordered that bail be granted to the petitioners subject to conditions.

Summary

The petitioners, Amit Kumar Yadav and Dhaniklal Paswan, applied for regular bail in a theft case (Bahera P.S. Case No. 453 of 2024) where they were charged under Sections 305(a) and 331(4) of the BNS. The prosecution alleged that unknown persons broke into a house on 23‑11‑2024 and stole goods worth Rs. 10 lakh, but no direct evidence linked the petitioners except a confessional statement in an unrelated case. The petitioners contended they were falsely implicated and had been in custody for about a year without substantive proof. The court examined the lack of material evidence against them and considered the principle of bail for persons presumed innocent until proven guilty. Consequently, the court granted bail to each petitioner on a bond of Rs. 10,000 with two sureties, subject to their cooperation with the trial process.

Issues considered

Whether regular bail should be granted to the petitioners despite the charges under Sections 305(a) and 331(4) of the BNS.
Whether the prosecution evidence is sufficient to justify continued detention.

Legislation cited

BNS — s. 305(a), 331(4)

Subjects

regular bail
theft
false implication
Sections 305(a) and 331(4) BNS
Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.45321 of 2025
                     Arising Out of PS. Case No.-453 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Amit Kumar Yadav S/o Arun Yadav R/o Village- Sohash, P.S.- Bisfi
                 (Patauna), District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 46531 of 2025
                     Arising Out of PS. Case No.-453 Year-2024 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Dhaniklal Paswan @ Dhanik Lal Paswan S/O Ramdev Paswan R/O Village-
                 Marar, P.S- Rahika, District- Madhubani.
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 45321 of 2025)
                 For the Petitioner/s :  Mr.Jitendra Kumar Bharti, Adv.
                                         Ms.Nitu Kumari, Adv.
                 For the State        :  Mr.Madan Kumar, APP
                 (In CRIMINAL MISCELLANEOUS No. 46531 of 2025)
                 For the Petitioner/s :  Mr.Jitendra Kumar Bharti, Adv.
                                         Ms.Nitu Kumari, Adv.
                 For the State        :  Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   20-01-2026                    Heard learned counsel for the petitioners as well as

                   learned APP for the State.

                                  2. In this case, the petitioners are seeking regular

                   bail in connection with Bahera P.S. Case No. 453 of 2024, G.R.

                   No. 471 of 2024, registered for the offences punishable under

                   Sections 305(a), 331(4) of BNS.
           Patna High Court CR. MISC. No.45321 of 2025(3) dt.20-01-2026
                                                       2/2




                                     3. The prosecution case, in brief, is that in the night

                     of 23.11.2024, some unknown persons committed theft in the

                     informant’s house by breaking the door locks and stole articles

                     worth Rs. 10 lakhs.

                                      4. The learned counsel for the petitioners has

                     submitted that the petitioners are innocent and have falsely been

                     implicated in this case. They are under custody for near about a

                     year. Except confessional statement, that too in another case,

                     nothing emerged against the petitioners.

                                    5. Considering the above-mentioned facts and

                     circumstances, let the petitioners above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- each with two

                     sureties of the like amount each to the satisfaction of learned

                     A.C.J.M., Benipur, Darbhanga in connection with Bahera P.S.

                     Case No. 453 of 2024, G.R. No. 471 of 2024, subject to the

                     following condition that the petitioners shall cooperate in the

                     disposal of trial and make themselves available as and when

                     required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T

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